✦ High Court of India · 18 Feb 2025

High Court · 2025

Case Details High Court of India · 18 Feb 2025
Court
High Court of India
Decided
18 Feb 2025
Bench
Not available
Length
1,460 words

Petition under Article 2?6 of lhe Colgtltution of lndla praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ grder or direction an! more particularly onp in the nature of writ of Mandamus declaring the action of Respondent No'2 in not paying the unpaidsalaryofthePetitionerfromdated0s-05-2023tilldated3Q-11-2o24is arbitrary, illegal and u nconstitutional and consequently direQt remit thq unPaid salaries of lhe Petitioner stating from 08-05-2023 to till dated to the credit of RespondentNo'2AuthorityandwithafurtherdirectiontoRgspondentNo.2to pay with immediate effect the unpaid salary of the petitioner upon receipt of such credit from Respondent No.3 to 5 Authority IA NO: 1 OF 2025 petitiqn under Segtion 151 CPC prayilg that in the Cirgunlstances stetqd in the affid4vit filed in suppo( of the petitipn, the High Cou( may [9 plgased to pass interim direction by directing Respondent No.2 to 5 pay the qnpeid qalary of the Petilioner: from dated OB-05-2023 till dated 3Q.11-2Q?4 and pqndinS flispgsal of the above r,vrit Petit ion gounse!for the Petitioner: SRI SUBRAMANYAM DABAFOINA gounsql for the Respondent No.1: GP FOR GENERA! ADMINISTRATION Qounse! foy the Responlent No.2 & 3: AGP IOR $oqlAL WELFARE pgsnsel for the Respondent No.sr GP FoB FINANCE S PLAUNING The Cogrt made the following: ORDER / ORDER; HON'BLE MRS. JUSTICE SUREPALLI NANDA w ET ON 9 OF 5 . Heard Sri Subramanyam Daraboina, learned counsel appearing on behalf of the petitioner, Iearned Government Pteader for General Administration appearing.on behalf of respondent No.1, learned Assistant Governlnent Pleader for Social Welfare, appearing on behalf of respondent Nos.2 and 3 and learned Government Pleader for Finance and Ptanning appearing on behalf of respondent No'5' 2 The petitioner approached tlre Court seeking prayer as under: "...to issue a Writ, order or direction and more particularly one in the nature of writ of Mandamus declaring the action of Respondent.No'2 in not paying the unpaid salary of the Petitioner from dated 08-05- 2023 till dated 30-11-2024 is arbitrary, illegal and unconstitutional and consequently direct to remit the unpaid salaries of the petitioner stating from 08-05- 2023 to till date to the credit of Respondent No'2 Authority and with a further direction to Respondent No' 2 to pay with immediate effect the unpaid salary of the petitioner upon receipt of such credit from Respondent Nos.3 to 5 Authority and to pass"'"' ' *-**,

3. The case of the petitioner, in. brief, is that the petitioner had been ;appointed as Attender to the Chairman, Telangana State Minorities Commission on 0g.05.2023. The Chairman and staff of the commission are not paid their monthry sararies from lL.12.2023. The Telangana State Minorities Commission Act, 1998 and Regulations 2000 mandates the State Government to provide the required budget to carry out operations in its true spirit but the respondents however failed to act and provide sufficient budget for the functioning of Telangana State Minorities Commission. The Chairman, Telangana State Minorities Commission had represented in respect of the petitioner and other working staff of the .lnd respondent commission and also approached this Court by filing W.p. No. 536 of 2025 seeking a direction to consider the petitioner's representations dated 1g.10.2023 and

27.12.2023 for release of the salary of the petitioner thereunder in W.P. No. lj36 of 2025 and also submitted the representations for release of sararies arong with arrears for the working staff of the 2nd respondent Commission. This Court had disposed of the said writ petition No. 536 ot 2025 vide order dated 01 .01.2025, directing the respondent Nos.2 to 5, thereunder to consider the 3 SN, J wP 946 2025 grievance of the petitioner thereunder AF put forth in the said representations. Thepetitionerhereinalsoseekssimilarreliefforreleaseof payment of arrears due to the petitioner since the date of appointment i.e. from 08.05.2023 as Attender to the Chairman' Telangana state Minorities commission and further for release of salary regularly to the petitioner every month' Hence the Court bY filing the Present writ petitioner aPProached this petition.

4. The learned Assistant Government Pleader for Social Welfare appearing on behalf of the respondents submits that as on date the petitioner had not represented to the 2nd respondent herein and hence no writ of Mandamus can be issued as prayed for in the present writ petition. The learned counsel appearing on behalf of the petitioner submits that the petitioner may be directed to put-forth petitioner's grievance to the respondents through a representation and the respondents may be directed to consider the same in accordance to law within a reasonable period. 4

5. SN, J wP 946 2025 The learned Assistant Government pleader for Social Welfare appearing on behalf of the respondents does not dispute the said submission made by the learned counsel appearing on behalf of ther petitioner.

6. Taki c sid ratio (a) The facts and circumstances of the case, (b) The submissions made by the tearned counsel appearing on behalf of the petitioner and the learned Assistant Government pleader for Social Welfare, (c) The fact as borne on record that the petitioner had not represented as on date and put forth the grievance of the petitioner as put forth in the present writ petition seeking release of petitioner,s unpaid sataries since the date of petitioner,s appointment i.e from O8.O5.2O23 as Attender to the Chairman, Telangana State Minorities Commission, (d) The order of this Court dated O7.OL.2O2S passed in W.P. No. 53G of 2O2S filed by OSD _ Chairman, Telangana State Minorities Commission, This Court opines that no Writ of Mandamus as prayed for by the petitioner can be issued, since there is -:r---- 5 SN, J w? 946 2025 no inactaon on behalf of respondents in considering the grievance of the petitioner herein as alleged by the petitioneq since even according to the petitioner, the grievance of the petitioner had not been communicated by the petitioner to the 2nd respondent herein as on date' The writ petitaon is however disposed of dirccting the petitioner to make a representation to the respondent Nos.2 to 5 seeking retease of unpaid salaries of the petitioner since the petitioner's appo'ntment as Attendar to the Chairman, Telangana State Minorities Commissiolt i.e. from 08.05.2023 and to continue to pay the salaries to the petitioner regularly within a period of one (1) week from the date of receipt of a copy of this order' Upon the petitioner making such representation to the respondent Nos.2 to 5, the respondent Nos'2 to 5 shall consider the said representation of the petitioner in accordance to law' and pass appropraate orders within one (O1) week thereafter and duly communicate the decision to the petitioner on the said representation' However' there shall be no order as to costs' 6 SN, J w 946 2025 The miscellaneous applications, pending if any, shall stand closed. SD/.MOHD. ISMAIL REGTSTRAR AS //TRUE COPY// ON OFFICER To,

1. The Prl Secretary to Government GAD Telangana State At Dr BR Ambedkar Secretariat, Hvdeirabad' State of Telangana

2. The Chairman, Telangana State Minorities Commission' HMWSSB' Rear Block, 4th Floor, Khairtabad. Hyderabad. ls Siale et O, AR Ambedkar Secretariat, Hyderabad' - 3.ThePrlsecretarytoGovernmentMinoritiesWelfareDepartmentTelangana 4, The Chief Secretary to Government, Telangana State At Dr BR Ambedkar Secretariat. Hvdera6ad, State of Telangana' 5 The Prl secretary to Government Finance Department Telanganh state At Dr - BR Ambedkar S6cretariat, Hyderabad, State af lelangana' 0 One CC to SRI SUBRAMANYAM DARABOINA, Advocate TOPUCI 7. Two ccs to GP FOR GENERAL ADMINISTRATIoN High court for the state ef Telqngana at HYderabad [OUT] S.TwoeCstqGPFoRSo.ClALWELEARE,HighCourtfortheStateqf t Tblangana at Hyderabad [oUT] 9. Two CCs to r3P FOR FINANCE & PLANNING, High Court for the $tate 9f ' tblanggna at HYdqrqbad [OUT] 10 Two QP Conies BSR Bsw rE---:'F,:- CC TODAY ( r:l )a ,^ r. STAI'{: 1tr 19 l\Ai il15 v ii') ) t .C, \!{/r-,..i_ HIGH COURT DATED: 18t0212025 ORDER WP.No.946 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \5.otq"a V)-)*lp \"\\' '

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